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2025 DAILYLAW 48446 (ALL)

GYANENDRA YADAV v. STATE OF U.P.

BAIL/13655/2025 · 2025-04-24

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64019 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13655 of 2025 Applicant :- Gyanendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akash Patel,Pranjal Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Akash Patel, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Gyanendra Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 190 of 2024, under Sections 115(2), 352, 85, 80 B.N.S. and Section 3/4 D.P. Act, registered at P.S. Saraimamrej, District Prayagraj. 4. The FIR of the matter was lodged on 12.08.2024 by Badrinath Yadav against the applicant, Nagendra Yadav and Kusum alleging therein that the marriage of his daughter was solemnized with the applicant around three years back. After marriage the accused persons used to torture, harass and there was a demand of money and vehicle due to which they assaulted her. On 11.08.2024 at about 08:00 pm the husband of his daughter told him on phone that his daughter committed suicide and died by hanging. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the allegations against the applicant are totally false and concocted. It is further submitted that the deceased committed suicide and died which is suggestive from the postmortem examination report in which a ligature mark along with an abrasion was found but the cause of death was opined as asphyxia as a result of hanging whereas an abrasion was on the right side of medial thigh which did not contribute to her death. It is submitted that the applicant was working at his field and when he returned back to the house he saw his wife hanging after which his brother informed about the incident to the family members of the deceased and also called the police, para 24 of the affidavit has been placed before the Court. It is submitted that the applicant was disturbed emotionally of his not becoming a father although he has been consoling his wife repeatedly that things will get fine but she did not conceive and under depression committed suicide, para 20 of the affidavit has been placed before the Court. It is further submitted that the applicant has no criminal history as stated in para 3 of the affidavit and is in jail since 18.08.2024. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is the husband of the deceased. The deceased died within seven years of marriage in her matrimonial house. It is submitted that there is an allegation of demand of money and vehicle due to which they tortured and harassed her. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the husband of the deceased. The deceased died within seven years of marriage in her matrimonial house. There is an allegation of demand of money and vehicle due to which they tortured and harassed her. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. Order Date :- 25.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad